Chapter 14.01
GENERAL PROVISIONS
Sections:
14.01.050 Adoption by reference.
14.01.080 Minimum requirements.
14.01.090 Violations and penalties.
14.01.010 Title.
This title shall be called “Environmental Regulations.” This chapter shall be called “General Provisions.” (Ord. 1853 § 2 (Exh. B), 2018).
14.01.020 Application.
This title shall be applicable as is set forth in the following chapters. (Ord. 1853 § 2 (Exh. B), 2018).
14.01.030 Purpose.
The purpose of this title is to include all regulations concerning the protection of the environment and critical areas. The specific chapters included are General Provisions, Surface Water Management, Environmental Policy, and Critical Area Regulations. The shoreline master program is adopted separately as BMC Title 18, Shoreline Master Program. (Ord. 1853 § 2 (Exh. B), 2018).
14.01.040 Authority.
This title is authorized by the general provisions of chapters 35A.63 and 36.70A RCW, the specific authority set forth in each chapter and other applicable laws and regulations. (Ord. 1853 § 2 (Exh. B), 2018).
14.01.050 Adoption by reference.
Statutes, codes or regulations identified or adopted herein shall be the existing version of that statute, code or regulation and any subsequent amendment to the same, unless expressly stated otherwise. (Ord. 1853 § 2 (Exh. B), 2018).
14.01.060 Definitions.
For the purpose of this title, the words listed in this chapter shall have the following meanings unless the context clearly indicates otherwise. Terms relating to pollutants and to hazardous wastes, materials, and substances, where not defined in this title, shall be as defined in chapters 173-303 and 173-340 WAC, the International Building Code or the International Fire Code. Words used in the singular include the plural, and words used in the plural include the singular.
Additional defined terms applicable to chapter 14.10 BMC, Environmental Policy, can be found in that chapter or adopted WAC provisions found at WAC 197-11-700 through 197-11-799.
“A”
“Agency” means any governmental entity or its subdivision.
“AKART” means all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520.
“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body.
“Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.
“Area of special flood hazard” means the land in a floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1-30, AE, A99, or AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”
“Aquifer recharge areas, critical” refers to areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of water.
“B”
“Base flood” means a flood event with a one percent chance of being equaled or exceeded in any given year. This term may be used interchangeably with the term “100-year flood.”
“Base flood elevation” means the elevation to which floodwater is projected to rise during a base flood event.
“Basement” means any area of the building having its floor subgrade (below ground level on all sides).
“Basin plan” means a plan to manage the quality and quantity of stormwater in a drainage basin as described in the city of Burlington comprehensive surface water management plan, as now or hereafter amended.
“Best management practice (BMP)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, structural or managerial practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
“Nonstructural best management practices” are those which require modified or additional operational or behavioral practices, such as sweeping a parking lot or having spill response equipment on site.
“Structural best management practices” are those which require the construction of a structure or other physical modification on the site.
“Buffer, critical area” is an area which provides a reasonable margin of safety through protection of slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to minimize risk to the public from loss of life or well-being or property damage resulting from natural disasters; or an area which is an integral part of a stream or wetland ecosystem and which provides shading, input of organic debris and coarse sediments, room for variation in stream or wetland boundaries, habitat for wildlife, and protection from harmful intrusion necessary to protect the public from losses suffered when the functions and values of aquatic resources are degraded.
“C”
“Cause or contribute” to a violation includes acts or omissions that create a violation, that increase the duration, extent, or severity of a violation, and that aid or abet a violation.
“Certificate of occupancy” means a written document issued by the governing authority in accordance with the provisions of the building permit. The certificate of occupancy indicates that, in the opinion of the building official, the project has been completed in accordance with the building and zoning codes. This document gives the owner permission from the authorities to occupy and use the premises for the intended purpose.
“City engineer” means the Burlington director of public works.
“Civil engineer, licensed” means a person who is licensed by the state of Washington to practice civil engineering.
“Clean Water Act” means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
“Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.
“Community development director” means the city administrator or designee.
“Compensatory mitigation” is replacing project-induced critical area losses or impacts, and includes, but is not limited to, restoration, creation, or enhancement.
“Complete application” or “completed application” means an application that contains all of the materials and information required by Burlington Municipal Code in accordance with the requirements of this title.
“Critical areas” include the following areas and ecosystems:
1. Wetlands;
2. Areas with a critical recharging effect on aquifers used for potable water;
3. Fish and wildlife habitat conservation areas;
4. Frequently flooded areas; and
5. Geologically hazardous areas.
“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.
“D”
“Damages” means monetary compensation for harm, loss, costs, or expenses incurred by the city including, but not limited to, costs of abating violations of this title or public nuisances; fines or penalties by the city incurred as a result of a violation of this title; and costs to repair or clean the public drainage control system as a result of a violation. For the purposes of this title, it does not include compensation to any person other than the city.
“Delineation” is the precise determination of wetland boundaries in the field according to the application of specific methodology as described in the most recently adopted Washington State Wetlands Identification and Delineation Manual, Washington State Department of Ecology Publication.
“Design storm” means a rainfall event used in the analysis and design of drainage facilities.
“Designated receiving waters” means the Skagit River, Padilla Bay and other receiving waters designated by the public works director as having the capacity to receive drainage discharges.
“Detention” refers to temporary storage of drainage water.
“Developed parcel” means a parcel of real property which has been altered by developmental coverage.
“Development” means any manmade change to the land or improvements occurring after the effective date of the ordinance codified in this chapter including structures, mining, dredging, drilling, filling, grading, paving or excavation, storage of equipment and materials, clearing, and the removal of vegetation. Where a project is dividable into parts, the entire scope of such changes or improvements constituting an integral, functional project should be considered the development for purposes of determining whether such development is allowed or requires a permit.
“Developmental coverage” means all areas within a site planned to be developed or redeveloped including, but not limited to, rooftops; driveways; carports; accessory buildings; parking areas; areas in which soils, slopes and vegetation have been altered; and roadways and other pervious and impervious surfaces.
“Director” means the community development director.
“Discharge point” means the location to which drainage water from a specific site is released.
“Discharge rate” means the rate at which drainage water is released from a specific site. The discharge rate is expressed as volume per unit of time, such as cubic feet per second.
“Drainage basin” means the tributary area through which drainage water is collected, regulated, transported, and discharged to receiving waters.
“Drainage control” means the management of drainage water. Drainage control is accomplished through the collection, conveyance, and discharge of drainage water, controlling the rate of discharge from a site, or separating, treating or preventing the introduction of pollutants.
“Drainage control facility” means any facility, including best management practices, installed or constructed for the purpose of controlling the flow, quantity, and/or quality of drainage water. Drainage control facilities include, but are not limited to, all types of catch basins, pipes, detention/retention ponds, bioswales, and other structural and nonstructural components that handle surface water.
“Drainage control plan” means a plan for collecting, controlling, transporting and disposing of drainage water falling upon, entering, flowing within, and exiting the site, including designs for drainage control facilities. The plan shall contain information as set forth in Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit.
“Drainage control system” means a system to collect, convey and control release of only drainage water. The system may serve public or private property. It includes constructed and/or natural components such as ditches, culverts, streams and drainage control facilities.
“Drainage water” means stormwater, snow melt, surface water, surface and irrigation runoff, water from footing drains and other drains approved by the public works director or installed in compliance with this title and rules which may be adopted hereunder. Other water which is not an illicit discharge as defined in BMC 14.05.070 shall be considered drainage water if it drains from the exterior of a building or structure, a pervious or impervious surface, or undeveloped land, or by surface or shallow subsurface flow.
“Dredging” means the excavating of earth materials from land covered by water. The term shall include dredging which maintains an established water depth.
“E”
“Elevation certificate” means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F)
“Equivalent service unit” means a configuration of impervious surface estimated to contribute an amount of runoff to the city’s surface water management system which is approximately equal to that created by the average single-family residential developed parcel in Burlington. One equivalent service unit (ESU) is equivalent to 2,400 square feet of impervious surface area. For purposes of computation of rates, the number of equivalent service units shall be rounded to the nearest tenth.
“Erosion” means the wearing away of the ground surface as a result of mass wasting or the movement of wind, water and/or ice.
“F”
“FEMA” means the Federal Emergency Management Agency and its predecessor and successor agencies.
“Fish and wildlife habitat conservation areas” is as defined in the critical areas code, chapter 14.15 BMC.
“Flood” or “flooding” means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudslides, or mudflows, caused, or precipitated by, flooding as defined in subsection (1)(b) of this definition resulting in a river of liquid and flowing mud across normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.
“Flood elevation study” or “flood insurance study” means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide or erosion hazards.
“Flood fringe” means those portions of the floodplain other than floodways and special flood risk zones.
“Flood insurance rate map” means an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones. A flood insurance rate map available digitally is called a “digital flood insurance rate map.”
“Floodplain management area” means floodplains and other related areas as defined in BMC 14.15.400.
“Floodplain” or “frequently flooded areas” are lands subject to a one percent or greater chance of flooding in any given year, which means all lands that would be covered by the 100-year flood (A zones), together with all B zones, as established by FEMA in the “Flood Insurance Study, City of Burlington,” dated July 3, 1984, and any revisions thereto, with accompanying flood insurance rate map (FIRM), dated January 3, 1985. That document is on file at Burlington City Hall, 833 South Spruce Street.
“Floodplain administrator” means the official designated to administer and enforce the city’s floodplain regulations. The floodplain administrator shall be the community development director or designee.
“Floodprone area” is as defined in the critical areas code, BMC 14.15.390.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot. Floodways in Burlington consist of all areas riverward of the riverward toe of dikes and levees along the Skagit River.
“G”
“Geologically hazardous areas” are areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns.
“Ground water” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.
“H”
“Habitats of local importance” include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, talus, and wetlands.
“Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
“Hearing examiner” means a person who reviews and interprets land use regulations, conducts hearings, makes decisions and recommendations on land use applications, hears administrative appeals on permits, decisions or determinations made by city officials, and reviews and hears other matters.
The hearing examiner serves in a role similar to that of a judge. The hearing examiner ensures that parties receive proper due process; and issues final decisions on some land use applications and makes recommendations to the city council on others. The hearing examiner for the city of Burlington shall be the person designated under chapter 17.120 BMC.
“Highest adjacent grade” means the highest natural surface elevation adjacent to the walls of a proposed structure. The highest adjacent grade shall be measured using preconstruction conditions.
“Historic structure” means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
“Hyperchlorinated” means water that contains more than 10 milligrams per liter of chlorine.
“I”
“Illicit connection” means any manmade conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains, footing drains, and other similar type connections that convey any material not composed entirely of stormwater. Examples of illicit connections include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.
“Illicit discharge” means any direct or indirect non-stormwater discharge to the city’s storm drain system as expressly defined by BMC 14.05.070.
“Impervious surface” means any surface from which most water runs off including, but not limited to, paved streets, graveled or paved areas such as driveways, parking areas, packed earth material, oiled macadam or other treated surfaces, walkways, roof surfaces, patios and formal planters.
“Inspector” means the city inspector, inspection agency, or licensed civil engineer performing the inspection work required by this title.
“L”
“Land disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) or the existing topography. Land disturbing activities include but are not limited to demolition, clearing, grading, filling and excavation.
“Land use action” means an action taken by the appropriate city of Burlington review authority concerning the development or use of land or street right-of-way including project permits as defined in BMC 14A.01.060.
“Low impact development” or “LID” means a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Low impact development features, practices, and techniques include bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated or green roofs, minimum excavation foundations, and water reuse.
“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title found in BMC 14.15.430(B)(5).
“M”
“Manufactured home” means a single-family dwelling unit built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) and RCW 43.22.335. This term includes modular homes as defined in this chapter but does not include mobile homes. This term also does not include recreational vehicles, park models, trailers, and other similar vehicles which are licensed for use on public roads, capable of being licensed for use on public roads, or designed and constructed to be licensed for use on public roads. Only structures which are certified by the state of Washington or federal government for use as a permanent habitable dwelling are included in this definition.
“Manufactured home park” means an area of land occupied or designed for the occupancy of two or more manufactured homes.
“Mean sea level” means the average height of the sea for all stages of tide; also equals National Geodetic Vertical Datum.
“Mobile home” means a factory built dwelling unit that does not meet current state or federal standards for factory built dwellings, modular homes, or manufactured homes. This definition does not include manufactured or modular homes as defined in this chapter or site built homes constructed in accordance with city building code requirements. Mobile homes may not be placed within the city of Burlington; however, existing legally established mobile homes shall be considered a nonconforming use and shall be subject to the nonconforming standards set forth in chapter 17.100 BMC.
“Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (1) owned or operated by the city of Burlington; (2) designed or used for collecting or conveying stormwater; (3) which is not part of a publicly owned treatment works (POTW).
“N”
“National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit” means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 U.S.C. 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.
“New construction” means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the start of construction commenced on or after the effective date of applicable floodplain management regulations and includes any subsequent improvements to such structures.
“New development” means any of the following activities:
1. Structural development, including construction of a new building or other structure;
2. Expansion or alteration of an existing structure that results in an increase in the footprint of the building or structure;
3. Land disturbing activities;
4. Creation or expansion of impervious surface;
5. Demolition;
6. Subdivision and short subdivision of land as defined in BMC Title 16, Land Divisions and Adjustment; or
7. Class IV general forest practices, as defined in WAC 222-16-050, that are conversions from timber land to other uses.
No other forest practices or commercial agriculture are considered new development.
“Non-stormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
“NPDES” means National Pollutant Discharge Elimination System, the national program for controlling discharges under the Federal Clean Water Act.
“O”
“One-hundred-year flood” means that flood having a one percent chance of being equaled or exceeded in any given year, as established by FEMA.
“Owner” means any person having title to and/or responsibility for a building or property, including a lessee, guardian, receiver or trustee and the owner’s duly authorized agent.
“P”
“Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which constitutes a separate lot or tract capable of being conveyed without further subdivision.
“Party of record” means all persons, agencies or organizations who have submitted written comments in response to a notice of application, made oral comments in a formal public hearing conducted on the application, or requested in writing to be a “party of record.” In all cases the permit applicant and property owner shall be considered parties of record. Notwithstanding any of the foregoing, no person shall be a party of record who has not furnished an accurate post office mailing address.
“Person” means an individual, firm, partnership, corporation, municipal corporation, and government, and the individual’s or entity’s heirs, successors and assigns.
“Plan” means, for the purposes of this title, and unless a different meaning is set forth or clearly required, a graphic or schematic representation with accompanying notes, schedules, specifications and other related documents.
“Plot plan” is a scaled map of a site and adjacent public rights-of-way showing locations and dimensions of various existing and proposed features, such as buildings, curbs, driveways, sidewalks, trees, grades and drainage patterns.
“Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; flotables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
“POTW” or “publicly owned treatment works” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned.
“Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
“Primary drainage system” means a drainage system serving a watershed of 20 acres or greater.
“Private storm drain” means the part of a private drainage control system which is wholly or partially piped, is owned or operated by a private entity, and is designed to carry only drainage water.
“Project permit” means a land use action subject to the provisions of chapter 36.70B RCW and applicable provisions of BMC Title 14A, and as defined in BMC 14A.01.060.
“Public drainage control system” means a drainage control system owned or used by the city of Burlington serving city streets and adjacent property.
“Public facilities” includes streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreation facilities, and schools.
“Public services” include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
“Public storm drain” means the part of a public drainage control system which is wholly or partially piped, is owned or operated by a public entity, and is designed to carry only drainage water.
“Public works director” means the director of public works or designee.
“Q”
“Qualified expert” means a person having substantial demonstrated experience as a practicing specialist and who has a degree in a related field from an accredited college or university or who has equivalent training.
“R”
“Reasonably safe from flooding” means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, “reasonably safe from flooding” means that the lowest floor is at least two feet above the highest adjacent grade.
“Recreational vehicle” or “RV” means a structure or vehicle containing living space intended to provide short-term accommodations for recreational purposes and licensed for use on public roads, designed to be licensed for use on public roads, or capable of being licensed for use on public roads. This term includes trailers, campers, motor homes, park models, and other similar vehicles but does not include manufactured homes as defined in this chapter. A recreational vehicle shall not be considered a dwelling unit and shall not be used as a permanent place of habitation.
“Redevelopment” means, on a site that is already substantially developed (i.e., has 35 percent or more of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities.
“Residential health care facilities” means facilities caring for elderly or infirm persons wherein clients are partly or entirely residents or detainees thereof. They include hospitals, convalescent homes and homes for the elderly where some supervision or health care is provided.
“Responsible party” means all of the following persons: (1) owners and occupants of property within the city of Burlington; and (2) any person causing or contributing to a violation of the provisions of this title.
“Riparian corridor” is as defined in the critical areas code, chapter 14.15 BMC.
“Rules” means administrative rules promulgated by the public works director in accordance with the State Administrative Procedures Act.
“S”
“Secondary drainage system” means a drainage system serving a watershed less than 20 acres in size or a watershed with a runoff of three cubic feet per second or less for a storm with a five-year frequency.
“Seismic hazard areas” are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, or soil liquefaction. The city of Burlington is located in Seismic Zone 3 and construction is required to comply with the International Building Code seismic standards.
“Serve” or “service,” when used regarding a document, means the procedures set forth in BMC 1.34.040 and 1.44.060.
“Service drain” means a privately owned and maintained drainage control facility or system which carries only drainage water. Service drains include, but are not limited to, conveyance pipes, catch basin connections, downspout connections, pipes, and subsurface drain connections.
“Shoreline district” means all land regulated by the Shorelines Management Act of 1971 (chapter 90.58 RCW). See BMC Title 18, Shoreline Master Program.
“Single-family residential parcel” means a parcel which has been actually developed with a single-family residence.
“Site” means any lot, parcel of land, street or highway right-of-way, or contiguous combination thereof, where a permit for new development, redevelopment, land disturbing activity, or grading has been issued or where any such work is proposed or performed.
“Special flood risk zone” means the following areas:
1. Gages Slough, including wetlands and deep water habitat areas; or
2. Areas with a ground elevation three feet or more below the base flood elevation that are hydraulically connected to Gages Slough through a channel, watercourse, or other topographical feature that provides a continuous path capable of conveying floodwaters with an elevation three feet or more below the base flood elevation; or
3. Areas within 300 feet of the landward toe of dikes and levees along the Skagit River, excluding floodways.
“Species of local importance” are those species that are of local concern due to their population status or their sensitivity to habitat manipulation or that are game species.
“Standard design” is a design approved by the Burlington public works department for drainage and erosion control for a typical site.
“Start of construction” includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Steep slope areas” are areas with slopes greater than 15 percent.
Storm Drain. See “private storm drain,” “public storm drain” and “service drain.”
“Storm drainage system” means publicly owned facilities, including the city’s municipal separate storm sewer system, by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
“Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
“Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. The plan shall contain elements as set forth in Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit.
“Structure” means a walled and roofed building or mobile home, or gas or liquid storage tank that is principally above ground.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
2. Any alteration of a historic structure; provided, that the alteration will not preclude the structure’s continued designation as a historic structure.
“U”
“Uncontaminated” means, for the purposes of this title, not containing sediment or other pollutants or contaminates above natural background levels when referring to surface or ground water, and not containing pollutants or contaminants in levels greater than city-supplied drinking water when referring to potable water.
“Undeveloped parcel” means any parcel of real property which has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel.
“Urban growth” refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural produce, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. “Characterized by urban growth” refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
“W”
“Watercourse” means the route, constructed or formed by humans or by natural processes, generally consisting of a channel with bed, banks, or sides, in which surface waters flow, including lakes, bogs, streams, sloughs, and intermittent artificial components (including ditches and culverts) but not including receiving waters.
“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include these artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands, if permitted by the city. (Ord. 1903 § 2 (Exh. A), 2021; Ord. 1853 § 2 (Exh. B), 2018).
14.01.070 Liability.
It is the specific intent of this title to place the obligation of compliance upon the property owner or party subject to the provisions of the chapters contained within this title. Nothing contained in this title is intended to be or shall be construed to create or form the basis for liability on the part of the city of Burlington officers, employees or agents for any injury or damage resulting from the failure of the property owner or party subject to the provisions of the chapters contained within this title, to comply with the provisions of this title, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code by the city of Burlington officers, employees or agents. This title is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms. (Ord. 1853 § 2 (Exh. B), 2018).
14.01.080 Minimum requirements.
The requirements of this title are minimum requirements. They do not replace, repeal, abrogate, supersede or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this title imposes requirements which are more protective of human health or the environment than those set forth elsewhere, the provisions of this title shall prevail.
Approvals and permits granted under this title are not waivers of the requirements of any other laws. Compliance is still required with all applicable federal, state and local laws and regulations, including rules promulgated under authority of this title. (Ord. 1853 § 2 (Exh. B), 2018).
14.01.090 Violations and penalties.
All acts or omissions in violation of any provision contained within this title, or acts or omissions that cause or contribute to a violation of any provision contained within this title, are hereby determined to be detrimental to the public health, safety and general welfare and shall constitute a public nuisance. Further, as specified in chapter 1.24 BMC, such acts or omissions shall be subject to fines and abatement under chapter 8.12 BMC, criminal penalties as set forth in chapter 1.24 BMC, penalties for civil infractions as set forth in chapter 1.34 BMC, or civil violations as set forth in chapter 1.44 BMC. (Ord. 1853 § 2 (Exh. B), 2018).
14.01.100 Appeal.
Decisions made pursuant to this title are appealed in the manner set forth in BMC Title 14A. (Ord. 1853 § 2 (Exh. B), 2018).
14.01.110 Severability.
If any portion of this title is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other section of this title. (Ord. 1853 § 2 (Exh. B), 2018).